Retired Chief Justice Willy Mutunga and People’s Liberation Party Leader Martha Karua have filed a petition against the Tanzanian government, accusing it of unlawfully deporting them and denying them entry.

The case, filed yesterday at the East African Court of Justice (EACJ), accuses Tanzanian authorities of detaining and deporting them.

The two and six others had travelled to Dar es Salaam on May 18 and 19 to observe a treason trial of opposition leader Tundu Lissu, a vocal critic of President Samia Suluhu Hassan. 

The eight applicants are demanding compensation, a formal acknowledgment of wrongdoing and the removal of Immigration annotations from their passports. 

They argue that their deportation not only violated their individual rights but also breached key provisions of the East African Community (EAC) Treaty and its Common Market Protocol.

“We had complied with all travel requirements and were traveling under the visa-free movement agreement enjoyed by East African citizens,” the group says.

“This was not just a violation of individual rights, but an attack on the very fabric of the East African Community, the freedom of movement, the rule of law, and democratic accountability.” 

The petition was filed at the EACJ sub-registry at the Milimani Law Courts in Nairobi, with legal support from Law Society of Kenya President Faith Odhiambo and representatives from the East Africa Law Society and the Pan African Lawyers Union.

Karua accuses the Suluhu government of treating them like criminals. “We were held without cause, treated with hostility, and bundled onto planes like criminals, all for simply showing up to watch a public trial.” 

“This is not just about us. This is about the integrity of the East African Community and the rule of law.”

 Dr Mutunga, hi his affidavit, “We were not attempting to disrupt anything. We were there to observe, as a basic act of solidarity and democratic vigilance. Our deportation reflects Tanzania’s growing intolerance to scrutiny.”

In the suit, the applicants argue that Tanzania’s actions contravened multiple provisions of the EAC Treaty, including Articles 6(d), 7(2), and 104, which guarantee the rule of law, democratic principles, and the free movement of persons among partner states.

“The Respondent’s (Tanzanian government’s) actions taken against the six Applicants in the refusal of entry to enable the Applicants to attend and observe proceedings in a criminal trial infringed their legitimate expectations of civic participation in democratic governance and are in contravention of, and inconsistent with, the principle of good governance under Articles 6(d) and 7(2) of the East African Community Treaty, 1999 (as amended),” reads the court papers in part.

They also cite violations of the EAC Common Market Protocol, especially Article 7, which commits member states to remove restrictions on the movement of persons.

Dr. Mutunga described the incident as a “shameful affront” to regional cooperation, emphasizing that the deportations signal deeper problems in the bloc’s democratic commitments.

“Tanzania has effectively trampled on the rights of East African citizens under the cover of sovereignty,” said Mutunga.

“The EAC cannot function if partner states weaponize their borders to shield injustice and silence observation.”

LSK President Odhiambo, who accompanied the team to court for the filing of the case, condemned Tanzania’s conduct as “deliberate, discriminatory, and dangerous.”

“This petition is a wake-up call to all EAC citizens and institutions. No member state should unilaterally suspend rights guaranteed under regional agreements,” Ms Odhiambo said while addressing the media outside the Milimani Law Court 

In the case, the petitioners are seeking a series of declarations and remedies from the EACJ, including a finding that Tanzania’s actions violated the EAC Treaty and Common Market Protocol. 

They are also seeking orders for compensation for travel costs, emotional distress, and reputational harm.

“We urge the court to issue an official directive for Tanzania to remove any adverse immigration records on our passports and a restraining order preventing further infringements on the right of free movement,” the six petitioners state.

The petition is pending hearing.